Chandigarh administration issues notification for mayoral election after rulings by Punjab, Haryana HC

Jan 26, 2024

Chandigarh (Punjab) [India], January 26, : Following the recent rulings by the Punjab and Haryana High Court to conduct mayoral polls on January 30, the Chandigarh administration issued a notification in this regard on Friday.
As per the notification, the election meeting will be held on January 30, 2024, at 10 am under the directive of UT Chandigarh Deputy Commissioner Vinay Pratap Singh.
"In response to the recent rulings of the Hon'ble Punjab and Haryana High Court in CWP No. 1260-2024 and CWP No. 1350-2024, dated January 24, 2024, and in adherence to the specified directives the recent judicial pronouncements have underscored the significance of Section 38 of the Punjab Municipal Corporation Act, 1976, as extended to the Union Territory, Chandigarh," the notification mentioned.
"Vinay Pratap Singh, Deputy Commissioner, U.T. Chandigarh, acting as the Prescribed Authority has directed that the election meeting in accordance with the provisions of Section 38 of the aforementioned Act will be held on 30.01.2024 at 10:00 AM at Assembly Hall of the Chandigarh Municipal Corporation in the presence of the presiding authority, Anil Masih," it read.
The notification further stated that the Divisional Commissioner or Prescribed Authority is responsible for convening the election meeting for the Mayor, Senior Deputy Mayor, and Deputy Mayor.
"The Department of Local Government, Chandigarh Administration, has designated the Deputy Commissioner, Union Territory, Chandigarh, as the "Prescribed Authority" through Notification No. 5620-UTFI(4)/13157, dated October 4, 1994," the notification said.
The Punjab and Haryana High Court earlier this week directed the Chandigarh Administration to conduct elections for the post of Mayor, Senior Deputy Mayor and Deputy Mayor of Chandigarh Municipal Corporation on January 30 at 10 am setting aside the latter's order deferring the polls.
The HC also directed the Chandigarh police to ensure that "no ruckus takes place in or around the Municipal Corporation Office prior to or during or after the election process."
The decision came on a petition challenging an order of the Chandigarh deputy commissioner, who is the authority for holding the mayoral polls, postponing the election from January 18 to February 6.
AAP councillor, Kuldeep Kumar had moved the High Court challenging the order rescheduling of the mayoral election "illegally" and seeking directions to conduct fair and transparent elections for the post of mayor, senior deputy mayor, and deputy mayor of Chandigarh Municipal Corporation immediately within 24 hours.
It was submitted that if the impugned order is not quashed and the elections are not scheduled and held immediately, then the whole election process will be jeopardised, and there will be horse trading and intimidation of councillors against the settled principle of free and fair elections.
As part of the alliance, AAP will be contesting for the mayor's seat, while Congress candidates are in the contests for the senior deputy mayor and deputy mayor posts.